VENATOR GROUP SPECIALTY, INC. v. TST 200 WEST END, L.L.C.


280 A.D.2d 274 (2001)

720 N.Y.S.2d 458

VENATOR GROUP SPECIALTY, INC., Formerly Known as F.W. WOOLWORTH CO., Appellant, v. TST 200 WEST END, L.L.C., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 1, 2001.


Defendant landlord's cross motion for summary judgment was properly granted in view of the absence of a material factual issue as to whether plaintiff tenant "vacated its store" in the commercial premises it leased from defendant, thus triggering its obligation to pay "vacate formula rent" pursuant to article 5A of the parties' lease. There can be no question that when plaintiff closed its Woolworth's store in the demised premises...

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